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Gordon: Albayalde must be charged for violating Dangerous Drugs Law

Senator Richard Gordon believes that former Philippine National Police chief Oscar Albayalde should be charged for violating the Comprehensive Dangerous Drugs Law, over the allegedly anomalous drug operation in Pampanga in 2013.

"Dapat si Albayalde kasama doon sa [investigation sa] Dangerous Drugs. Ang lumalabas namimili na naman tayo," Gordon said in a Dobol B sa News TV interview aired on GMA News TV on Sunday.

"Katulad dati si Albayalde, floating ... yung iba pina-imbestiga sa kanilang ginawa. Ang tagal-tagal bago ilabas ang imbestigasyon hanggang pumasok na ang Senado," he said.

Department of Justice (DOJ) prosecutors found probable cause to charge Albayalde, who was then the chief of Pampanga police, with graft after the finding that he did not implement an order "which sought to penalize the police officers involved in the questioned drug operation."

The DOJ had re-investigated a complaint against the "ninja cops" who allegedly failed to declare the full quantity of the shabu they seized in a November 29, 2013 operation in Mexico, Pampanga and let an arrested suspect go in exchange for P55 million and an SUV.

Justice Secretary Menardo Guevarra ordered the dismissed complaint re-investigated after a Senate inquiry revealed alleged anomalies in the police operation.

Gordon said the DOJ should have considered the findings of the Senate blue ribbon committee, which he led, on the case of the ninja cops during its reinvestigation.

"Kaya kami nag-iimbestiga, panay kami abogado, nahuhuli namin lahat, may nako-contempt, may lumalabas. Tignan nila," he said.

Gordon believes that the fact that police were involved in the reinvestigation may have something to do with the light charges to be filed against Albayalde. He said the DOJ's resolution was based on the investigation of the Criminal Investigation and Detection Group.

"Kung ibabase mo sa pulis, baka magkabaro na naman yang nag-file," Gordon pointed out.

"Palaging mababaw kapag nag-imbestiga ang kapwa pulis. Kaya ayoko nga niyan, gusto ko palakasin ang internal affairs. Dapat malalim," he added.

Despite his opposition to what transpired in the reinvestigation, Gordon said he will no longer touch it.

"We're a co-equal branch. I can only comment on it. Pero ang nakikita ko, dapat hindi lang naman slap on the wrist," he said. 

"Because kapag tinignan mo ang kaso nila, grabe talaga ang nangyari. From the very beginning, alam ni Albayalde kung ano ang nangyari sa kaso nila," he added.

While the DOJ found probable cause to charge Albayalde for graft, complaints for misappropriation of confiscated drugs, falsification, and negligence against him were dismissed for lack of probable cause.

Twelve other police officers involved in the operation were indicted for misappropriation of confiscated drugs, planting of evidence, delay, and bungling in the prosecution of drugs cases — all offenses under the Comprehensive Dangerous Drugs Act of 2002; qualified bribery under the Revised Penal Code and for graft for causing undue injury to any party, including the government. —Erwin Colcol/LBG, GMA News